Evans Insolvency understands your right to privacy and is committed to protecting it. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.
PURPOSE OF THIS PRIVACY NOTICE
This privacy notice aims to give you information on how Evans Insolvency collects and processes your personal data.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Evans Insolvency is a trading name of J Mark Evans Limited and is a firm of Chartered Accountants and Insolvency Practitioners. We are registered in England and Wales as a limited liability company under number: 07137962 and our registered office is at Pembroke House, Charter Court, Swansea Enterprise Park, SA7 9FS.
Evans Insolvency is the controller and responsible for your personal data (collectively referred to as ‘we’, ‘us’ or ‘our’ in this privacy notice).
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).
We would, however, appreciate the chance to deal with your concerns before you approach the ICO. You can email your complaint to our Head of Privacy email@example.com who will help resolve the matter as quickly as possible.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including:
- Direct interactions
- Corresponding with us by post, phone or email
- Completion of forms or questionnaires
- Submission of an application for employment with us
- Feedback received on our website
- Automated technologies or interactions
THE DATA THAT WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data Includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data Includes company address, email address and telephone numbers.
- Transaction Data Includes details about payments to and from you and other details of the services you use from us.
- Technical Data Includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
HOW WE USE YOUR PERSONAL DATA
The purpose for which personal information is processed may include any or all of the following:
- deliver services and meet legal responsibilities
- verify identity where this is required
- communication by post, email or telephone
- understand needs and how they may be met
- maintain records
- process financial transactions
- prevent and detect crime, fraud or corruption
- may also need to use data to defend or take legal actions related to the above
We never share your name or contact details with third parties for marketing purposes.
LAWFUL BASIS FOR THE PROCESSING
Most processing is carried out to comply with our legal obligations under statute and other regulatory obligations related to the insolvency process. We also believe our processing is for the legitimate interests of all stakeholders in the insolvency process, as they are entitled to be kept informed and may wish to engagement in the insolvency process.
Where Evans Insolvency has engaged with a client to perform a service, we will be required to process data to provide the service in accordance with the contractual terms.
We automatically collect data about visitors to our website (for example on browsing patterns) by using cookies (please also see our website cookies policy). This data is used only in an anonymous form to create a statistical report on website activity; no individual is identified.
We will collect and hold personal data on job applicants, including information you provide to us in your application, or provided to us by recruitment agencies, as well as personal data from any referees you provide. We use this as necessary to enter into an employment contract with you, and for our legitimate interests in evaluating candidates and recording our recruitment activities, and as necessary to exercise and perform our employment law obligations and rights.
You must provide certain information (such as your name, contact details, professional and educational history) for us to consider your application fully. If you have not provided all of this information, we may contact you to ask for it. If you do not wish to provide this information, we may not be able to properly consider your application.
If you are successful in your application, your information will be used and kept in accordance with our internal employee privacy notice. If you currently work for us, or used to work for us, you can request a copy of this from us. If you are not successful in your application, you information will be held for up to 12 months after the hiring decision.
If you are listed as a referee by an applicant, we will hold your name, contact details, professional information about you (such as your employer and job title) and details of your relationship with the applicant. We will use this information as necessary for our legitimate interests in evaluating candidates and as necessary to exercise and perform our employment law obligations and rights. Your information will be kept alongside the applicant’s information.
If you are listed as an emergency contact by someone who works for us, we will hold your name, contact details and details of your relationship with that worker. We will use this to contact you as necessary to carry out our obligations under employment law, to protect the vital interests of that worker, and for our legitimate interests in administering our relationship with that worker. Your information will be kept until it is updated by that worker, or we no longer need to contact that worker after they have stopped working for us.
Where we consider there to be a risk that we may need to defend or bring legal claims, we may retain your personal data as necessary for our legitimate interests in ensuring that we can properly bring or defend legal claims. We may also need to share this information with our insurers or legal advisers. How long we keep this information for will depend on the nature of the claim and how long we consider there to be a risk that we will need to defend or bring a claim.
In the UK, only a licensed Insolvency Practitioner (IP) can be appointed in relation to formal insolvency procedures for individuals and corporate entities. IP’s are licensed to provide advice on, and undertake appointments in, all formal insolvency procedures. The functions of an IP are governed by:
- The Insolvency Act 1986 (as amended)
- The Insolvency Rules 2016 (as amended)
- The Insolvency Practitioners Regulations 1990
- The Insolvency Practitioners Regulations 2005
- The Insolvency Practitioners (Amendment Regulations) 2015
- The Insolvent Companies (Report on Conduct of Directors) (England and Wales) Rules 2016
- The Insolvent Companies (Report on Conduct of Directors) (Scotland) Rules 2016
- The Small Business, Enterprise and Employment Act 2015 (as amended)
- The Deregulation Act 2015
- The Provisions of Services (Insolvency Practitioners) Regulations 2009
- The Insolvent Partnership Order 1994
- The Insolvency Amendment (EU 2015/848) Regulations 2017
- The Insolvency (Regulations (EU) 2015/848) (Miscellaneous Amendments) (Scotland) Regulations 2017
- Statements of Insolvency Practice
IN CARRYING OUR DUTIES AS IP’S WE COLLECT AND USES PERSONAL DATA IN ORDER TO:
- Provide professional advice to try to prevent insolvency
- Negotiate with the creditors, and other parties, of a company or individual
- Realise the assets of an individual or company for the best possible return to creditors after marketing to a wide range of potential buyers
- Carry out all statutory duties as required by law
- Provide regular reports to creditors on the progress of insolvency procedures
- Investigating company affairs and director conduct, where necessary, and file a report to the Insolvency Service.
The personal data we control will include your name, email address, postal address, telephone number, date of birth and financial details. The precise nature of personal data we hold will be dependent upon the unique circumstances of the case.
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
THIRD PARTIES OR PUBLICLY AVAILABLE SOURCES
We may receive personal data about you from various third parties, including technical data from the following parties:
- analytics providers
- advertising networks
- search information providers
INSOLVENCY BOOKS AND RECORDS
Trustee in Bankruptcy
The IP will seek authorisation from the Official Receiver for permission to destroy all books and records 12 months after the IP’s release from office, subject to there being no historical value, legal requirement or other specific reason to retain a document for a longer period.
An IP acting as a liquidator is not a data controller within the meaning of s 1(1) of the DPA in respect of the data processed by a company prior to its liquidation. All rights relating to the control of data belonging to, or being controlled by a company at the time it entered into liquidation remains vested in the company at and following its liquidation.
The IP will seek permission from the Official Receiver on Compulsory Liquidations to destroy all books and records 12 months after the IP’s release from office, subject to there being no historical value, legal requirement or other specific reason to retain a document for a longer period.
Where an IP is appointed as Liquidator in a Creditor Voluntary Liquidation the IP will destroy all books and records 12 months from the date of dissolution, subject to there being no historical value, legal requirement or other specific reason to retain a document for a longer period.
The powers of an IP acting as an Administrator are set out in Schedule B1 of the Insolvency Act 1986. The administrator of a company may do anything necessary or expedient for the management of the affairs, business and property of the company. Paragraph 69 of Schedule B1 states that in exercising their powers, the administrator is deemed to act as the company’s agent. An Administrator is not therefore a data controller within the meaning of s 1(1) of the DPA, in respect of the data processed by a company prior to their appointment.
Where an IP is the last administrator of a company which has been dissolved the IP will destroy all book and records 12 months from the date of dissolution, subject to there being no historical value, legal requirement or other specific reason to retain a document for a longer period.
Administrative Receiver (“Receiver”)
Where an IP is appointed as a Receiver they are deemed to act as the company’s agent and are not a data controller within the meaning of s 1(1) of the DPA, in respect of the data processed by a company prior to their appointment.
All books and records will either be returned to the company’s directors or if the company is in liquidation, to its liquidator when the receiver ceases to act.
Supervisor of voluntary arrangement
An IP acting as the supervisor of a voluntary arrangement is charged with supervising the implementation of a proposal for a composition in satisfaction of the company’s / individuals debts or a scheme of arrangement of its affairs. The terms of each particular proposal will determine the extent to which it will impose responsibilities upon them under the DPA.
HOW LONG DO WE KEEP YOUR INFORMATION FOR?
We have set out above indications of how long we generally keep your personal data. In some circumstances, it may be necessary to keep your information for longer than that in order to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymise your personal data so that it can no longer be associated with you, in which case we may use such information without further notice to you.
SHARING PERSONAL DATA
We will not share your data with third parties outside of Evans Insolvency unless we are obliged to do so, by law, or we have an appropriate legitimate interest in doing so, for example where personal data is required by an agent or solicitor who has a case related need to know the information, or when information is required by The Insolvency Service.
All third parties with whom personal data is shared will have agreed to comply with our required data security standards, policies and procedures and put adequate security measures in place. All third party transfers will comply with applicable cross border transfer restrictions.
As well as the measures set out above in relation to sharing of your personal data, we have security measures in place designed to prevent data loss, to preserve data integrity, and to regulate access to personal data.
In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have procedures in place to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where necessary.
- Where we act as the Data Controller, you have the following rights with respect to your personal data:
- The right to be informed about the collection and use of your personal data;
- The right to access your personal data and supplementary information;
- The right to request that we corrects any personal data if it is found to be inaccurate or out of date;
- The right to request your personal data is erased where it is no longer necessary for us to retain such data;
- The right to withdraw your consent (where consent has been obtained) to the processing at any time;
- The right to data portability, allowing you to obtain and reuse your personal data for your own purposes across different services. The right of data portability only applies:
- to personal data an individual has provided to a controller;
- where the processing is based on the individual’s consent or for the performance of a contract; and
- when processing is carried out by automated means.
- The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
- The right to object to the processing of personal data, (where applicable);
- The right to lodge a complaint with the Information Commissioners Office
CHANGES TO THIS DATA PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
We reserve the right to change this Data Privacy Notice at any time without notice to you so please check back regularly to obtain the latest copy of this Privacy notice. We last revised this Data Privacy Notice on 9 February 2022.
This Data Privacy Notice does not override any applicable national data privacy laws and regulations in countries where Evans Insolvency operates. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
We seek to resolve directly all complaints about how we handle your personal information but you also have the right to lodge a complaint with the Information Commissioner’s Office at
Information Commissioner’s Office
Telephone – 0303 123 1113 (local rate) or 01625 545 745